THE CORPORATIONS LAW

CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS

PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW

Division 2 - Changes resulting from the Corporations (Unlisted Property Trusts) Amendment Act 1991

SECTION 1367   ORDERS IN RELATION TO THINGS DONE DURING RETROSPECTIVE OPERATION OF SECTIONS 1069A ETC. AND SUBDIVISION C OF DIVISION 5A OF PART 7.12  

1367(1)  [Written orders in relation to things done not in accordance with new provisions]  

The Commission may make written orders in relation to:

(a)  the effect, for the purposes of sections 1069A, 1069B and 1069C, of things done in relation to a deed to which section 1069A applies, otherwise than in accordance with those sections, during the period of retrospectivity; or

(b)  the effect, for the purposes of Subdivision C of Division 5A of Part 7.12, of things done in relation to a Subdivision C trust, otherwise than in accordance with that Subdivision, during the period of retrospectivity.

1367(2)  [Certain things may be included in an order under para (1)(a)]  

The Commission may include in an order under paragraph (1)(a) a declaration to the effect that a provision of section 1069A, 1069B or 1069C has or had effect, in relation to the deed and the thing to which the orders relates, as if the provision were omitted, modified or varied in a manner specified in the order.

1367(3)  [Certain things may be included in an order under para (1)(b)]  

The Commission may include in an order under paragraph (1)(b) a declaration to the effect that a provision of Subdivision C of Division 5A of Part 7.12 has or had effect, in relation to the trust and the thing to which the order relates, as if the provision were omitted, modified or varied in a manner specified in the order.

1367(4)  [Copy of order to certain persons]  

The Commission must give a copy of an order to the management company or to the trustee or representative.

1367(5)  [Effect of order]  

An order (including a declaration in an order) has effect accordingly.

1367(6)  [Definitions]  

In this section:

``period of retrospectivity'' means the period starting at 4.50 p.m. Australian Eastern Standard Time on 23 July 1991 and ending at the commencement of the Corporations (Unlisted Property Trust) Amendment Act 1991;

``Subdivision C trust'' means a trust that is, for the purposes of Division 5A of Part 7.12, a Subdivision C trust.